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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-03-05 102 7, L41IJUTEo OF THE SIX HUNDRED FORTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA ,)n March 5, 1969, the above meeting was held at the City Hall, 33001 Five .Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:19 P. M. Councilman Nash delivered the invocation. *Roll was called with the following result: Present--Edward H. McNamara, Peter A. Ventura, .perry Raymond, Robert E. McCann, Robert F. Nash, Edward G. Milligan and *Rudolf R. :tileinert. Absent--None. *Prior to the roll call, a minute of silent prayer was observed in memory f the late Lonnie Brashear. Elected and appointed officials present: Addison W. Bacon, City Clerk; LJirginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; Robert A. :Shaw, Director of Public Works; William J. Strasser, City Engineer; Donald Nicholson, uirector of Public Safety; Don Hull, City Planner; Dan Andrew, Industrial Coordinator, :.Manley Bien, Chief Librarian; James Miller, Personnel Director; Henry Sieferd, City Assessor; Thomas J. Griffiths, Jr., Chief Accountant; Ed Siemert, Assistant City Engineer; Raymond Danaher, Budget Analyst; Norman Stelzer, Parks and Recreation Commission; Robert Bennett, Zoning Board of Appeals; and William LaPine, Zoning :ioard of Appeals. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was /215-69 RESOLVED, that the minutes of the 640th regular meeting of the Council of the City of Livonia, held February 26, 1969, are hereby approved. The two communications from the Public Service Commission, both dated March 3, 1969 relative to the crossing of the Chesapeake and Ohio Railway with dewburgh Road and with Stark Road, were received and filed for the information of the Council. *Councilman Milligan was excused at 8:40 P. M. L 10273 By Councilman Nash, seconded by Councilman Raymond, it was #216-69 RESOLVED, that having considered the report and recommendation of the Superintendent of the Operations Division, the Director of Public Works and the Budget Director, dated March 5, 1969, and approved for submission by the Mayor, as well as having considered a letter from the Mayor, dated March 5, 1969, the Council does hereby accept the bid of the B. J. Ratigan Company of Livonia, Michigan, for supplying the City with three (3) four-door Sedans, with trade-ins, for the price of $5,519, and the Council does hereby accept such bid in lieu of the low bid for the reasons outlined in the aforementioned letter from the Mayor. A roll call vote was taken on the foregoing resolution with the following result AYES : Nash, Ventura and Raymond. NAYS : McCann and McNsmpra. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was L #217-69 RESOLVED, that the Council does hereby request the Mayor to sub- mit his report and recommendation with respect to the manner in which the City should purchase the remaining four door Sedan authorized in the Budget for the Department of Public Works. A roll call vote was taken on the foregoing resolution with the following result' AYES . Nash, Ventura and Raymond. NAYS: McCann and McNamara. The President declared the resolution adopted. *Councilman Milligan returned at 8:40 P. M. By Councilman Nash, seconded by Councilman Ventura, it was #218-69 RESOLVED, that having considered a communication dated Feb. 28, 1969 from the Industrial Development Coordinator, recommended by the City Engineer and the Director of Public Works, and approved for submission by the Mayor, with respect to the paving of the east-west Industrial Road, Westmore Avenue, and Glendale Avenue, all of which are located in the Northwest 1/4 of Section 27, the Council does hereby refer this matter to the Streets, Roads and Plats Committee. L A roll call vote was taken on the foregoing resolution with the following result: AYESNash, Milligan, Ventura and Raymond. NAYS: McCann and McNamara. The President declared the resolution adopted. 10274 Councilman Nash took from the table for second reading, and adoption, the following Ordinance : AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO RE: PETITION 68-6-1-20 FOR CHANGE OF ZONING FROM RUF TO P, INTRODUCED BY COUNCIL MC CANN ON FEBRUARY 26, 1969. A roll call vote was taken on the foregoing Ordinance with the following result . AYES : Nash, Milligan, Ventura, Raymond, McCann and McNamara. NAYS: None. The President declared the Ordinance adopted, and would become effective on publica- tion. By Councilman Ventura, seconded by Councilman Nash, it was #219-69 RESOLVED, that having considered communications from the Observer Newspapers, Inc. as well as a communication from The Detroit Suburban Newspapers, which have been considered by the Committee of the Whole, the Council does hereby determine to designate the Livonia Observer, Observer Newspapers, Inc. , as the Official Newspaper of the City of Livonia for the period commencing from March 1, 1969 to February 28,1970. A roll call vote was taken on the foregoing resolution with the following result AYES : Nash, Milligan, Ventura, Raymond, McCann and McNamara. NAYS : None. *Councilman Milligan was excused at 8 .56 p. m. By Councilman Nash, seconded by Councilman McCann, it was #220-69 RESOLVED, that having considered a communication from the Mayor, dated February 18, 1969, with respect to special assessment proceedings in connection with the proposed installation of pavement widening and storm drainage on Levan Road from Plymouth Road to Schoolcraft Road in Section 29, and the Council having conducted a public hearing on the apportionment of costs with respect to the said roll on January 29, 1969, the Council does hereby determine to refer this matter back to the City Assessor and the City Engineer for revision of the proposed special assessment roll, the same to be based on a 50% special assessment, 50% City-at-large criteria, said 50°% special assessment to be levied on pro- perty which abuts and fronts on Levan Road from Plymouth to Schoolcraft in the subject proposed special assessment district. roll. call vote was taken on the foregoing resolution with tne following L-Jult AYES Nash, Ventura, Raymond, McCann and McNamara. NAYS None. *Councilman Milligan returned at 8 57 p. m. By Councilman Nash, seconded by Councilman Milligan, it was #221-69 RESOLVED, that having considered a communication dated lac 1969 from the Director of Public Safety, approved for submittal by the Mayor and the Budget Director, with respect to installing a car pound, the Council does hereby determine to transfer the additional sum of $3,000 from the Reserve for Contingencies Account to Account No. 188-70 for this purpose. L, roll call vote was taken on the foregoing resolution with the following result AYES Nash, Milligan, Ventura, Raymond, McCann and McNATIIRra. NAYS * None. The communication dated January 30, 1969 from the City Engineer relative T., the drainage of Lots 44 & 45 of Thomas F. O'Connor's Park View Acres Subdivision, wa: received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Raymond, it was #222-69 RESOLVED, that having considered a communication dated January e7, 1969 from the Southeast Michigan Council of Governments wherein an invitation to membership in this organization once again is submitted, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration. q roll call vote was taken on the foregoing resolution with the following result AYES . Milligan, Raymond, McCann and McNamara. NAYS . Nash and Ventura. The President declared the resolution adopted. The communication from the Department of Public Safety, Division of Police, with respect to the Coventry Gardens Traffic Survey (CR#836-68), was received and filed for the information of the Council. The item on the agenda relative to the "Middle Rouge Sanitary Interceptor was removed and will be considered at the next study session, to be held March 19, 196y. 10276 By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #223-69 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated February 11, 1969, submit- ted pursuant to council resolution #386-68, with respect to the approval of the Preliminary Plat of Levan Heights Subdivision No. 2, the Council does hereby determine to take no further action with respect to this matter in view of the fact that the subject Preliminary Plat was previous- ly approved in council resolution #761-68. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #224-69 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 11, 1969, submitted pursuant to council resolution #398-68, the Council does hereby determine to proceed no further with the special assessment proceedings heretofore commenced for the installation of street lights in Bretton Gardens Subdivision No. 2 in the City of Livonia in view of the difficulty in satisfactorily apportioning the benefits and costs of such contemplated improvement to the satisfaction of the majority of the residents that would have been affected thereby. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #225-69 RESOLVED, that having considered the report and recommendation dated February 11, 1969 from the Streets, Roads and Plats Committee submitted pursuant to council resolution #528-68, with respect to the proposed rezoning of property on the north side of Lyndon Avenue in the North 1/2 of Section 24, from RUF to R-2, the Council does hereby deter- mine that no further action is necessary with respect to this matter in view of the adoption of the subject proposed amendment to the Zoning Ordinance. By Councilman Ventura, seconded by Councilman McCann, it was #226-69 RESOLVED, that having considered the report and recommendation dated February 11, 1969 from the Streets, Roads and Plats Committee submitted pursuant to council resolution #916-68, with respect to a request received from Robert M. Boss relative to proposed road improvements on Orangelawn Avenue, between Merriman and Auburndaleyo the Council does hereby refer this matter to the Mayor for disposition. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Ventura, Raymond and McCann. NAYS. McNamara. The President declared the resolution adopted. 10277 By Councilman Ventura, seconded by Councilman McCann, it was #227-69 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 26, 1968 on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on June 17, 1968, after due notice as required by Section 3.04 of said ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance. 1. accept and approve said statement in all respects, 2. determine to make the improvement consisting of the completion of the pavement on the west side of Henry Ruff Road immediately north of Lyndon Avenue (northwest corner) in the City of Livonia, Wayne County, Michigan, as described in said state- ment, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 3. approve the plans and specifications for said improvement as set forth in said statement dated April 26, 1968, 4. determine that the estimated cost of such improvement is $6,250.00, 5. determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, 6. that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $3,125.00 (50%) and that the balance of said cost and expense of said public improvement amounting to $3,125.00 (5v°) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom (Parcel 23E2a1); 7. determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of six percent (6%) per annum on unpaid balance, 8. designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows That part of the N.W. 1/4 of Section 23, T 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as begin- ning at the center 1/4 corner of Section 23 and proceeding thence N. 89° 59' 55" W. along the E. and W. 1/4 section line, 143.0 ft. , thence N. 0°08'17" W, 293.0 ft. ,thence S. 89°59'55" E, 143.0 ft. ,thence S. 0°08'17" E. along the N. and S. 1/4 Section line, 293.0 ft. to the point of begin- ning. 10278 9. that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and 10. that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 3.08 of the said ordinance. A roll call vote was taken on the foregoing resolution with the following result. AYES Nash, Milligan, Ventura, Raymond, and McCann. NAYS. McNamara. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #228-69 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 11, 1969, submitted pursuant to council resolution 4940 -68, with respect to the proposed acquisition of right-of-way in connection with the improvement of Amrhein Road, between Eckles and Levan Roads, the Council does hereby refer this matter back to the Engineering Division for a current status report. A roll call vote was taken on the foregoing resolution with the following result . AYES : Nash, Milligan, Ventura, Raymond, McCann and McNamara. NAYS None. By Councilman Ventura, seconded by Councilman McCann, it was #229-69 RESOLVED, that having considered the report and redommendation dated February 11, 1969 from the Streets, Roads and Plats Committee submitted pursuant to council resolution 4946-68, the Council does hereby determine to authorize the release of the $1,000 Bond to the proprietor of the Idyle Hills Estates Subdivision that the proprietor previously deposited with the City for the construction of a footbridge, further, the Engineering Division is hereby requested to submit a status report with 10279 respect to the balance of the bonds previously deposited with the City in connection with the aforesaid subdivision, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken co the foregoing resolution with the following result AYES: Nash, Milligan, Ventura, Raymond, McCann and McNamara. NAYS ' None. By Councilman Ventura, seconded by Councilman McCann, it was #230-69 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 20, 1968 on all matters required by Section 3.03 of Ordinance No. 401, as amended, and a first public hearing having been held thereon on September 16, 1968, after due notice as required by Section 3.04 of said ordinance, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.05 of said ordinance: 1. accept and approve said statement in all respects (except as revised herein), 2. determine to make the improvement consisting of the proposed paving of the north one-half of Lyndon Avenue from Merriman Road easterly to Bredin Court in the Northwest 1/4 of Section 23, City of Livonia, Wayne County, Michigan as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3. approve the plans and specifications for said improvement as set forth in said statement dated May 20,1968, 4. determine that the estimated cost of such improvement is $22,000.00, 5. determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; 6. that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be $11,000.00 (50%) and that the balance of said cost and expense of said public improvement amounting to $11,000 (50%) shall be borne and paid by special assessments on the improvement on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, 7. determine that the assessments made for such improvement may be paid in ten (10) annual installments together with interest thcreon in the amount of six percent (5%) per annum on unpaid bLL...Jacc, 10280 8. designate the assessment district, describing the land and pre- mises upon which special assessments shall be levied as follows: that part of the N. W. 1/4 of Section 23, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as beginning at the West 1/4 corner of said section and proceeding thence northerly along the west line of said Section 23 to the westerly extension of the north line of Bureau of Taxation Parcel No. 23G13a, thence easterly along said north line and extension thereof to the N. E. corner of Bureau of Taxation Parcel No. 23G47a2; thence southerly along the east line of Bureau of Taxation Parcels 23G47a2 thru 23G69a2, inclusive, and extension thereof to the E. & W. 1/4 line of Section 23; thence westerly along said E. and W. 1/4 line to the point of beginning, 9. that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and 10. that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.07 of Ordinance No. 401, as amended, of the City of Livonia and file the same with the City Clerk who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 3.08 of the said ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES . Nash, Milligan, Ventura, Raymond and McCann. NAYS : McNamara. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #231-69 RESOLVED, that having considered the report and recommendation dated February 11, 1969 from the Streets, Roads and Plats Committee submitted pursuant to council resolution #1187-68 regarding the City's membership in the Good Roads Federation, the Council does hereby determine that the City of Livonia will not continue its membership in the Michigan Good Roads Federation at this time. 10281 A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Milligan, Ventura,Raymond, McCann and McNamara. NAYS • None. By Councilman Ventura, seconded by Councilman McCann, it w - RESOLVED,that having considered the report and recommendation dated February 11, 1969 from the Streets, Roads and Plats Committee submitted pursuant to council resolution #6-69, with respect to a list of complaints received by the Operations and Engineering Divisions, commencing in 1961, concerning streets located within the Golden Ridge Subdivision, the Council does hereby determine to take no action with respect to this matter at this time. A roll call vote was taken on the foregoing resolution with the following result AYES : Ventura, McCann and McNamara. NAYS: Nash, Milligan and Raymond. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Nash, it was #232-69 RESOLVED, that having considered the report and recommendation dated February 11, 1969 from the Streets, Roads and Plats Committee submitted pursuant to council resolution #6-69, with respect to a list of complaints received by the Operations and Engineering Divisions, commencing in 1961, concerning streets located within the Golden Ridge Subdivision, the Council does hereby determine to refer this matter back to the Street, Roads and Plats Committee for further study. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Ventura, Raymond and McNamara. NAYS: McCann. The President declared the resolution adopted. The Priority List Established by the Parks and Recreation Commission relative to the need for Park Sites throughout the City, and transmitted under date of February 10, 1969, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was 10282 #233-69 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated February 4, 1969 submitted pursuant to council resolution #656-67, in connection with a document entitled "Center City, 1985" transmitted to the Council by the City Plan- ning Commission by a letter dated May 19, 1967, since this matter has previously been acted upon, the Council does hereby determine no further action is necessary. By Councilman Milligan, seconded by Councilman McCann, it was #234-69 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated February 4, 1969 submitted pursuant to council resolution #673-67, in connection with a proposal to construct a Veterans' Day Memorial in commemoration of Memorial Day, the Council does hereby refer this matter to the Mayor and does hereby request that he review with Veteran Organizations, located within the City, a suitable Memorial which could be constructed on suitable land to be provided by the City for this purpose. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Milligan, Ventura, Raymond, McCann and McNamara. NAYS. None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #235-69 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated February 4, 1969 submitted pursuant to council resolution #916-67 with respect to the feasibility of constructing a library in the Civic Center, the Council does hereby determine that no action should be taken at this time with respect to this matter. The following resolution was unanimously introduced, supported and adopted #236-69 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated February 4, 1969 submitted pursuant to council resolution #771-68 with respect to a proposed memorial to the late President John F. Kennedy, the Council does hereby refer this matter to the Parks and Recreation Commission for the purpose of recommending the naming of an ice rink, a swimming pool or a public park in honor of the late President. The communication dated February 12, 1969 from the Planning Director with respect to "Pay Scale Planners vs Engineers" was received and filed for the informa- tion of the Council. By Councilman Nash, seconded by Councilman Raymond, it was 10283 #237-69 RESOLVED, that having considered the report and recommendation dated January 9, 1969 from the City Planning Commission which sets forth its resolution #11-148-68 in regard to Petition #68-4-1-9 submitted by Nelson Dembs for a change of zoning on property located on the south side of Seven Mile Road, east of Merriman in the Northwest 1/4 of Section 11, from R-5 to R-7, and the Council having conducted a public hearing with regard to this matter on February 26, 1969 pursuant to resolution #86-69, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition #68-4-1-9 is hereby denied for reasons similar to those set forth in the communication from the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Milligan, Ventura, Raymond, McCann and McNamara. NAYS . None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #238-69 RESOLVED, that the matter of the area in question in the plat accompanying Petition 68-4-1-9, be referred back to the Planning Commission for further report and recommendation. By Councilman Nash, seconded by Councilman Ventura, it was #239-69 RESOLVED, that having considered the report and recommendation dated January 3, 1969 from the City Planning Commission which sets forth its resolution #11-139-68 in regard to Petition #68-10-6-11 submitted by the City Planning Commission on its own motion to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, by deleting Section 4.02(g) relating to church or public building bulletin boards, and the Council having conducted a public hearing with regard to this matter on February 26, 1969 pursuant to resolution #86-69, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 68-10-6-11 is hereby approved and granted, and the Department of Law is hereby requested to prepare an Ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #240-69 RESOLVED, that having considered the report and recommendation dated November 15, 1968 from the City Planning Commission which sets forth its resolution #10-126-68 in regard to Petition #68-7-1-33 submitted by the City Planning Commission on its own motion to rezone property 10284 located south of Seven Mile Road, approximately 380 feet west of Farming- ton Road in the Northeast 1/4 of Section 9, from C-2 and R-3 to C-1, and the Council having conducted a public hearing with regard to this matter on January 29, 1969 pursuant to resolution #1365-68, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 68-7-1-33 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Milligan, Ventura, Raymond and McNamara. NAYS . McCann. The President declared the resolution adopted. The communication from the Department of Law, dated February 4, 1969 and submitted pursuant to council resolution #608-68, relative to the vacating of an alley south of Plymouth Road between Cavell and Arcola, was received and filed for the information of the Council. The communication from the City Engineer, dated February 12, 1969, with respect to a street lighting master plan for the entire City of Livonia prepared by the Detroit Edison Company, was received and filed for the information of the Council. *Councilman Kleinert arrived at 923 P. M. The communication from Richard A. Young, State Representative, dated February 7, 1969, with respect to possible legislation that could be introduced in the current session of the Legislature, was received and filed for the information of the Council. The communication dated February 20, 1969 from the Livonia Jaycees, Lwherein they inform the Council that they were awarded the 1969 Etate Jaycee Golf Outing which will be held at the Whispering Willows golf course on Sunday, September 14, 1969, was received and filed for the information of the Council. 10285 The communication dated February 20, 1969 from the Chairman of Mayors Exchange day, was received and filed for the information of the Council. The communicationsfrom Mrs. Robert Shepard, 8865 Houghton, Livonia, dated January 28, 1969 and February 4, 1969 with respect to the shopping center at Hix and Joy Roads and the Livonia Tax rate, were received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, it was ##241-69 RESOLVED, that having considered the report and recommendation dated February 25, 1969 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby release to the proprietor the $4,000 Bond deposited with the City in accordance with council resolution No. 432-57 as thereafter subsequent- ly amended including the action taken on January 11, 1960 in council resolution No. 12-60 which previously reduced such financial assurances to $4,000.00, to insure the satisfactory installation of improvements in Ann Arbor Trail Subdivision located in Section 31 in the City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all of the required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, and the CityClerk and City Treasur- er are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura, it was #242-69 RESOLVED, that having considered the report and recommendation dated February 25, 1969 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby release to the proprietor the $7,000 Bond deposited with the City in accordance with Council Resolution No. 627-57 as thereafter subsequently amended including the action taken on January 11, 1960 in Council Resolution No. 13-60 which reduced such financial assurances to $7,000.00 to insure the satisfactory installation of improvements in Ann Arbor Trail Subdivision No. 2 located in Section 31 in the City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all of the required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 10286 A roll call vote was taken on the foregoing resolution with the following result AYES• Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #243-69 RESOLVED, that having considered a communication from the City Assessor dated February 12, 1969, approved for submission by the Mayor, which submits a request from Practical Home Builders, Inc. to split Lot 3 of Globe Industrial Subdivision into two parcels, the Council, in accordance with the provisions of Act 288 of the Public Acts of 1968, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the City's Zoning Ordinance, does hereby find that the proposed division of Lot 3 of Globe Industrial Subdivision of part of the S. W. 1/4 of Section 29, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, would not be contrary to the spirit and purpose of the aforesaid Ordinance and does accordingly, approve of dividing of the same into two Parcels the legal descriptions of which shall read as follows . Parcel 1 The north 225 feet of Lot 3, Globe Industrial Subdivision of part of the S. W. 1/4 of Section 29, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, and Parcel 2 Lot 3 of Globe Industrial Subdivision, except the north 225 feet thereof, of part of the S. W. 1/4 of Section 29, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, as shown on the map attached to the aforesaid communication, which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #244-69 RESOLVED, that having considered a communication dated November 12, 1968 from John A. Barr, Attorney, submitted in behalf of his clients Vern L. Keech and Muriel J. Keech, his wife, requesting a re-subdivision of Lot 1 of Dutch Mills Gardens Subdivision, the Council, in accordance with the provisions of Act 288 of the Public Acts of 1968, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the City's Zoning Ordinance, does hereby find that the proposed division of Lot 1 of Dutch Mills Gardens, a subdivision of part of the north half of Section 24, T. 1 S. , R. 9 E. , Livonia Township, Wayne County, Michigan, would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing the same into four parcels, the legal descriptions of which shall read as follows 10287 Parcel 1 "A" N. E. 1/4-Lot 1, Parcel 1 "A", beginning at the N. E. corner, said Lot 1, thence along the S. line of Oakley Ave., on a curve, 75.85 ft., thence S. 0° 15' 30" E. 208.64 ft. , thence S. 89° 46' 40" E. 75.13 ft. , thence N. 0° 15' 30" W. 200.16 ft. to the point of beginning, and Parcel 1 "B" S. E. 1/4 of Lot 1, Parcel 1 "B", also Parcel "E" of Lyndon Ave. vacation. Beginning S. 89° 46' 40" E. from the center 1/4 cor., 660.26 ft. , thence N. 0° 15' 30" W. 243.0 ft. , thence N. 89° 46' 40" W. , 75.13 ft., thence S. 0° 15' 30" E. 216.38 ft. to the North line of Lyndon Ave. , as vacated, thence along the N. line of Lyndon Ave. , as vacated, 77.06 ft., to the point of beginning, and Parcel 1 "C" S. W. 1/4-Lot 1, Parcel 1 "C", also Parcel "F", of Lyndon Ave. vacation. Beginning on the N. line of Lyndon Ave. 77.06 ft. on a curve westerly from the pt. of beginning of said Lyndon Ave. vacation, thence N. 0° 15' 30" W. 216.38 ft. , thence N. 89° 46' 4o" W. 75.12 ft., thence S. 0° 15' 30" E. 210.56 ft. to the N. line of Lyndon Ave. , thence 77.05 ft. on a curve easterly to the point of beginning, and Parcel 1 "D" N. W. 1/4-Lot 1, Parcel 1 "D". Beginning at the N. W. corner, said Lot 1, thence Southeasterly on the southerly line of Oakley Ave. , 75.84 ft. on a curve, thence S. 0° 15' 30" E. 208.64 ft., thence N 89° 46' 40" W. 75.12 ft., thence N. 0° 15' 30" W. 217.17 ft. to the point of beginning, as shown on the map attached to the aforesaid communication, which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result AYES : Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was 10288 #245-69 WHEREAS, pursuant to the direction of the City Council in its resolution #1146-68 adopted on October 9, 1968, and in accordance with Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of February 26, 1969 an assessment roll dated February 20, 1969 covering the proposed installation of sidewalks on the south side of Eight Mile Road from Merriman Road to Middlebelt Road in the North 1/2 of Section 2 in the City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution #1146-68, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to wit• that the assess- ment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road at 7 00 p. m. , Wednesday, April 2, 1969, to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of April 2, 1969, and the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's Office By Councilman McCann, seconded by Councilman Kleinert, it was #246-69 RESOLVED, that having considered a communication dated February 24, 1969 from the Department of Law, transmitting for Council acceptance, a Warranty Deed dated February 20, 1969 and executed by K-M Land Company by Harry Kirsh, President, and Frank Traverso, Secretary, conveying- That part of Section 17, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as being the N. 660 feet of the W. 1/2 of the S. E. 1/4 of Section 17, except the W 703 feet thereof, containing 9.50 acres, more or less, and also described as Bureau of Taxation Parcel imp 17Q2b, the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of 10289 L Deeds and to do all other things necessary or incidental to the full performance of this resolution, and the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax roll as being City-owned and exempt. A roll call vote was taken on the foregoing resolution with the following result AYES * Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS None. Councilman Nash introduced the following Ordinance AN ORDINANCE AMENDING SECTION 18.38 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SUBSECTIONS (25) AND (26) THERETO RE: PETITION NO. 68-7-6-7 (Off-Street Parking). The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. L The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McCann introduced the following Ordinance . AN ORDINANCE AMENDING SECTION 27.04 OF ARTICLE XXVII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," RE: PETITION NO. 68-7-6-8 - USES IN R-8 DISTRICTS. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Milligan, seconded by Councilman McCann, it was #247-69 RESOLVED, that having considered a communication dated February 5, 1969 from the Parks and Recreation Commission, approved by the Budget Director and approved for submission by the Mayor, with Iwo respect to overtime pay for the secretary at commission meetings, the Council does hereby authorize the transfer of the sum of $300 from Acct. #309-57 (Tools and Supplies Account) to Account #309-1 (Salaries - Overtime) for this purpose. 10290 L A roll call vote was taken on the foregoing resolution with the following result AYES Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman McCann, it was #248-69 RESOLVED, that having considered the report and recommendation dated February 26, 1969 from the Supt. of the Operations Division, the Director of Public Works and the Budget Director, approved for sub- mission by the Mayor, the Council does hereby accept the bid of W.F. Miller Lawn and Garen Equipment Company, 1593 S. Woodward Avenue, Birmingham, Michigan 48011, for supplying the Operations Division of the City with one (1) new Rogers Model 590 Greens Aerator (Spiker) for the price of $1105.00, the same having been in fact the lowest bid received meeting specifications for this item. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Milligan, Kleinert, Raymond, McCann and McNamara. NAYS: Ventura. The President declared the resolution adopted. LBy Councilman Milligan, seconded by Councilman Ventura, it was #249-69 RESOLVED, that having considered the report and recommendation dated February 11, 1969 from the Parks and Recreation Commission, approved by the Budget Director and approved for submission by the Mayor, wherein the Commission recommends that a fee in the amount of $300 be established for the rental of the Ford Recreation Center for a Metropoli- tan Kennel Club meet, sponsored by the Livonia Kennel Club, to be held on Sunday, April 6, 1969, from 9 00 a. m. to 9:00 p. m. , the Council does hereby concur in and approve of the same. A roll call vote was taken on the foregoing resolution with the following result : AYES : Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #250-69 RESOLVED, that having considered a letter dated February 20,1969 from the Coventry Gardens Improvement Association, Board of Directors, regarding the installation of identification markers at eight (8) entrances to the Coventry Gardens Subdivision, the Council does hereby request that the Department of Law prepare an appropriate agreement in L which the City gives authorization to Coventry Gardens Improvement Association to use necessary portions of right-of-way for the above stated purpose, and the Mayor and City Clerk are herein authorized to affix their signature for and in behalf of the City of Livonia to the aforesaid agreement. 10291 A roll call vote was taken on the foregoing resolution with the following result AYES : Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #251-69 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Nash, seconded by Councilman Kleinert, it was #252-69 RESOLVED that, Kendall Building Company, 12800 W. Ten Mile, Huntington Woods, Michigan 48070, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision• Bai-Lynn Park Subdivision #8, located in the S. W. 1/4 of Section 23, City of Livonia, the said proposed preliminary plat being dated September 17, 1968, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on September 17, 1968, and it further appearing that such preliminary plat, together with Development Plans and Specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated February 26, 1969, therefore, the City Council does here- by approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No. 500, as amended, the subdivision regulations of the Planning Commission, the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as amended, (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7.03 of said Plat Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, 10292 (5) Cash Payments to be made to the City. a) Trees S192.50 b) Traffic Control Signs Not applicable c) Street Name Signs Not applicable d) Plan review, field inspection and administration (5% before contingencies) 241.50 e) Survey Monuments & Lot Markers (Cash Escrow) 370.00 (Include monument replacement in Bal Lynn Sub. #1 - #7) (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing subdivision regulations, (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act., Plat Ordinance, and this resolution. (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Department of Law, guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescrib- ed period, that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts : General Improvement Bond - $3,000.00, of which at least $ 500.00 shall be in cash Sidewalk Bond - $2,300.00, of which at least $1,150.00 shall be in cash. (9) That the requirement set forth in Section 6.15 of Ordinance No. 500 be waived as it refers to street lights, but the distribution lines for telephones are to be placed underground throughout the subdivi- sion, in accordance with City Ordinances. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Raymond, McCann and McNamara. NAYS: *Ventura. The President declared the resolution adopted. Councilman Ventura made the following statement. I think it ridiculous to require a subdivision to place distribution lines underground when said subdivi- sion is surrounded by overhead distribution lines. L10293 By Councilman Raymond, seconded by Councilman Ventura, it was #253-69 RESOLVED, that having considered the communication of the Water and Sewer Commissioner dated February 27, 1969, approved by the Director of Public Works and approved for submission by the Mayor, which transmits the Water and Sewer Budget for the fiscal year 1969-1970, the Council does hereby refer the same to its Water and Sewer Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #254-69 RESOLVED, that the Council having adopted resolution #127-69 at its regular meeting held on February 19, 1969 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed installation of paving and drainage on Stark Road from School- craft to Lyndon and Lyndon Avenue from Stark Road to Farmington Road in the City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assess- ment district, and it appearing to the Council that all of such informa- tion, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of March 5, 1969 and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, April 9, 1969 at 7:00 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman Ventuza, seconded by Councilman Kleinert, and unanimously adopted, it was 10294 #255-69 RESOLVED, that. the Council having adopted resolution #127-69 at L its regular meeting held on February 19, 1969 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed installation of paving and drainage on Stark Road from Plymouth to Schoolcraft in Section 28, City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommenda- tions have been properly filed by the City Engineer with the City Clerk under date of March 5, 1969 and that there has been a full compliance with all of the provisions of Section 3.03 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, April 9, 1969, at 7.00 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication Lof such hearing as is required by Section 3.04 of said ordinance. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #256-69 RESOLVED, that the Council does hereby request the Department of Law to prepare an amendment to Ordinance No. 166, the Taxicab Ordinance, (Section 3.6) so as to permit a license to be issued to an applicant who has his residence in the City of Livonia or having his business "domicile" in the City; further, the Director of Public Safety is requested to forward his recommendations in this regard. At 9:50 p. m. , a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Kleinert, seconded by Councilman Ventura, it was RESOLVED, that this 641st regular meeting of the Council of the City of Livonia is hereby adjourned. L A roll call vote was taken on the foregoing resolution with the following result AYES : Nash, Ventura and McCann, NAYS. Milligan, Kleinert, Raymond and McNamara. The President declared the resolution denied. 10295 By Councilman Kleinert, seconded by Councilman Milligan, it was #257-69 RESOLVED, that the Council does hereby request the Mayor and his staff to review the possibility and advisability of adjusting the location of the swimming pool to be constructed at Botsford Park. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, Kleinert, Raymond, McCann and McNamara. NAYS : Nash and Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, this 641st regular meeting of the Council of the City of Livonia, was duly adjourned at 10.40 P. M., March 5, 1969. ADDISON W. BACO' C. y C erk.